Invalid Votes, Rejection of Postal Ballot Return Letters, Rules for Establishing Invalidity
(1) Votes are invalid if the ballot paper
1. has not been produced by the government,
2. contains no markings,
3. is valid for another constituency,
4. does not clearly show the voter's intent,
5. contains any addendum or reservation.
In the cases specified in numbers 1 and 2, both votes are invalid; in the case specified in number 3, only the first vote is invalid if the ballot paper is valid for another constituency in the same Land. Under the postal ballot procedure, both votes are also invalid if the ballot paper has not been deposited in an official ballot paper envelope or has been placed in a ballot paper envelope that obviously differs from the other envelopes in a manner that jeopardises the secrecy of the ballot, or contains a clearly tangible object, but has not been rejected under subsection (4) numbers 7 or 8. Where only one vote has been cast on the ballot paper, the missing vote is considered invalid.
(2) Several ballot papers in one ballot paper envelope are considered to be one ballot paper if their wording is identical or if only one of them has been marked; otherwise they count as one ballot paper with two invalid votes.
(3) If the ballot paper envelope has been handed over empty, both votes are considered invalid.
(4) Under the postal ballot procedure, postal ballot return letters must be rejected if
1. the postal ballot return letter is not received in time,
2. no or no valid polling card is enclosed in the official return envelope,
3. there is no ballot paper envelope in the official return envelope,
4. neither the official return envelope nor the ballot paper envelope is sealed,
5. the official return envelope contains several ballot paper envelopes but not an equal number of valid polling cards bearing the prescribed affirmation in lieu of an oath,
6. the voter or the person assisting the voter has not signed the prescribed affirmation in lieu of an oath for the postal ballot on the polling card,
7. an official ballot paper envelope has not been used,
8. a ballot paper envelope has been used which obviously differs from the other envelopes in a manner that jeopardises the secrecy of the ballot or which contains a clearly tangible object.
The senders of rejected postal ballot return letters are not counted as voters; their votes are considered not cast.
(5) The votes of a voter who has taken part in the postal ballot do not become invalid if the voter dies before or on election day or is disqualified from voting pursuant to section 13.